Tax treaty after J1 transfer to NIH

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Tax treaty after J1 transfer to NIH

Postby Chen G. » Mon Mar 30, 2015 4:10 pm

Hi All,

I transfer my J1 to NIH after 1 year working as a postdoc in a university. The postdoc fellow usually enjoy 5 years federal tax exempt. Does anybody happen to know whether I can enjoy the 5 years federal tax exempt in my case?

Chen G.
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Joined: Mon Mar 30, 2015 4:02 pm

Re: Tax treaty after J1 transfer to NIH

Postby D.X. » Wed Apr 01, 2015 9:18 am

You need to check your status as a Federal Contractor which is the employement status you most likely be if working for NIH at post-doc level, and see if that trumps your visa status. If your are still J1, technically you are still exempt in the 5 year period. Though, if you switch visa class before, say to H1B then you are tax liable.

Best to check with your "human resources" and check with a hired tax advisor if you are still not clear. Don't take assumptions when dealing with Uncle Sam and his IRS.

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Re: Tax treaty after J1 transfer to NIH

Postby HMG » Thu Apr 02, 2015 7:41 am

It is most likely that you are at NIH on a J1 visa and are classified as a Visiting Fellow, not a Contractor. If so, then you are still subject to the tax treaty with your home country. You can easily check this with your AO.
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